Claim Response Voss, Roger
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BARRY A. LINDAHL, E
CITY ATTORNEY
MEMO
To:
Mayor Roy D. Buol and
Members of the City Council
DATE:
March 28, 2006
~ L'
RE:
Roger Voss v. City of Dubuque
Roger Voss is a former City of Dubuque firefighter who retired February 1, 2001. He
received an accidental disability retirement based on several work-related back injuries
that resulted in chronic back pain. The Police and Fire Pension Medical Board
determined that he was not able to perform his duties as a firefighter because of his
condition.
Mr. Voss has continued to have back pain since he retired and has been seen by Dr.
Stephen Dalsing, a Dubuque chiropractor. In December, 2004, the City's third-party
administrator advised Mr. Voss that the City would not be paying any further chiropractic
charges and would not be paying Dr. Dalsing's bills for August and September, 2004.
The bills from Dr. Dalsing for August and September, 2004, were $672.00. The third-
party administrator indicated that the City of Dubuque would, however, authorize Mr.
Voss' participation in a multi-disciplinary pain program at the University of Iowa as
recommended at the time of Mr. Voss' disability by the Medical Board and the City's
doctor, Dr. Stenberg.
Mr. Voss attended the pain program at the University of Iowa Hospitals and Clinics as
recommended by Dr. Stenberg. He commuted to Iowa City for two weeks in December
2005.
Mr. Voss filed a lawsuit in 2005 against the City of Dubuque asking the Court to require
the City to pay for his past, present and future medical expenses. He was upset that the
City's third-party administrator recommended that the chiropractic bills he had incurred
with Dr. Dalsing for August and September were "retroactively" denied in December
2004, when the City had paid for those services since 2001. He has subsequently paid
the bills out of his own pocket.
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113/ FAX (563) 583-1040/ EMAIL balesq@cityofdubuque.org
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I proposed to Mr. Voss, subject to the approval of the City Council, that this matter be
resolved by the City agreeing to pay for his chiropractic bills from August and
September of 2004 in the amount of $672.00 and his mileage to and from the University
of Iowa pain program in the amount of $390.00 for a total of $1,062.00. Mr. Voss has
accepted the proposed resolution. Mr. Voss will dismiss his lawsuit and release the City
from his claim.
I recommend your approval of the settlement and that you authorize the Finance
Director to issue a check to Roger Voss and his attorney, Les Blair, in the amount of
$1,062.00.
cc: Michael C. Van Milligen, City Manager
Randy Peck, Personnel Manager
Dan Brown, Fire Chief
Robbie Brooks, ACS